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Home My WebLink AboutMinutes - 11/23/1998 - City Council REGULAR MEETING NOVEMBER 23, 1998 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Monday, November 23, 1998 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Murgatroyd, Baird. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of Community Development Napolitano. Absent: Chief of Police Joyce. TEN MINUTE PUBLIC INPUT SESSION '— Tom Quamme, President of the Water's Edge Condominium Association I addressed Council requesting the refund of monies the Association contributed as their share toward the improvement of the Thornwood Drainage Ditch. Bob Bergland, Water's Edge Condominium I Managing Agent, provided Council with a chronological summary of the project. He explained, as part of the original agreement, an easement was to be created by the Association in favor of the City. During the development of this easement, the title search revealed an existing easement heretofore unknown and absent from the Final Plat. The cost of the project was shared equally between Water's Edge Condominium Association I and Water's Edge Condominium Association III at 25%, with the City of McHenry bearing the cost of 50% of the project, in addition to engineering costs. Water's Edge Condominium Association I is requesting Council direct Staff to investigate the feasibility of refunding the Association's cost share of the project, in light of this new information, regarding the existence of the desired easement. Some discussion followed. Mayor Cuda referred this issue to the Finance and Personnel Committee for consideration and recommendation to full Council. City Clerk Althoff was directed to send notification of this meeting to Water's Edge Condominium Association I President Thomas Quamme and Managing Agent Robert Bergland. PRESENTATION: RESOLUTION TO RANDY CHRISTENSEN UPON HIS RESIGNATION AS MEMBER OF THE ZONING BOARD OF APPEALS. Motion by Baird, seconded by Bolger, to pass a resolution in recognition of Randy Christensen's seven years of service to the Zoning Board of Appeals. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda presented Randy Christensen with the resolution commending him for his seven years of dedicated service to the City of McHenry Zoning Board of Appeals. Mr. Christensen thanked Council for the recognition. It was noted Mr. Christensen resigned due to work constraints. CONSENT AGENDA City Clerk Althoff noted the adjournment motion of the November 4, 1998 Regularly Scheduled Council Meeting had been amended as follows: "Motion by McClatchey, seconded by Glab, to adjourn the meeting at 8:15 p.m. Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: None. Absent: Murgatroyd. Motion carried." Motion by Bolger, seconded by Murgatroyd, to approve the Consent Agenda as follows, subject to the correction of the November 4, 1998 City Council Minutes as previously stated: ■ Police Alarm Board Connection Request- Medela, Inc.; ■ Request for Partial Payment to Carmichael Construction for work performed at Wm. H. Althoff Park - $27,270.00; ■ Monthly Treasurer's Report; November 23, 1998 Page 2 ■ City Council Meeting Minutes - November 4, 1998, as corrected; ■ List of Bills for Approval: GENERAL FUND: CHECK# VENDOR NAME AMOUNT 91463 ABSOLUTE SOUND $ 89.99 91464 BJORKMAN'S ACE HARDWARE $ 556.24 91465 ACME BRICK & SUPPLY CO $ 425.00 91466 ADAMS STEEL SERVICE INC $ 59.06 91467 R A ADAMS ENTERPRISES INC $ 230.18 91468 AERIAL EQUIPMENT INC $ 24.00 91469 ALEXANDER LUMBER CO $ 130.78 91470 AMERICAN RED CROSS $ 40.00 +� 91471 AMERICAN RED CROSS $ 6.00 91472 AMERITECH $ 468.68 91473 ARROW UNIFORM RENTAL INC $ 253.30 91474 AUTO TECH CENTERS INC $ 109.40 91475 BADGER UNIFORMS $ 743.00 91476 THE BARN NURSERY $ 85.54 91477 BATTERY NETWORK INC $ 129.49 91478 BAXTER & WOODMAN $ 3085.25 91479 G W BERKHEIMER CO INC $ 242.90 91480 BONCOSKY OIL COMPANY $ 5237.11 91481 BONNELL INDUSTRIES INC $ 534.83 91482 BOTTS WELDING & TRK SERV $ 367.63 91483 PHILLIP E BRADY & ASSOC $ 1940.00 91484 BURNS INDUSTRIAL SUPPLY $ 27.32 91485 BUSS FORD SALES $ 42068.82 91486 CASEY EQUIPMENT COMPANY $ 21.42 91487 CDW COMPUTER CENTERS INC $ 97.99 91488 CELLULAR ONE - CHICAGO $ 346.85 91489 CENTURY AUTOMATIC $ 77.00 91490 CENTEGRA OCCUPATIONAL $ 685.25 91491 CHICAGO TURF & IRRIGATION $ 8403.66 91492 SUSAN CHRISTENSEN $ 2187.50 91493 COMED $ 1563.17 91494 COMMUNICATIONS REVOLVING $ 425.00 91495 CONNEY SAFETY PRODUCTS $ 655.09 91496 CONSERV FS $ 221.79 91497 CONTRACTING & MATERIAL CO $ 1825.00 91498 CORPORATION FOR OPEN LAND $ 2887.67 91499 CORNERSTONE MATERIAL $ 1500.00 91500 COMPLETE PERSONNEL $ 1233.23 91501 CRESCENT ELECTRIC SUPPLY $ 248.45 91502 CRYSTAL LAKE TIRE & $ 195.42 91503 CURRAN CONTRACTING CO $ 4573.51 91504 DIRECT DESIGN LTD $ 14.00 91505 D & J AUTOMOTIVE SUPPLY $ 682.14 91506 DON's TOWING $ 90.00 91507 DOOR SYSTEMS INC $ 711.00 91508 THE DURA WAX COMPANY INC $ 618.05 91509 ED'S RENTAL & SALES INC $ 347.50 91510 FANTASTIC CHARTERS INC $ 750.00 91511 FDC CORPORATION $ 727.25 91512 FEDERAL MEDIA INC $ 55.31 91513 FISCHER BROS CONST CO INC $ 1094.25 91514 FOXCROFT MEADOWS INC $ 576.55 91515 FREUND INTERNATIONAL $ 14.30 91516 FROSTLINE $ 283.80 91517 GAMETIME $ 9500.00 91518 GARRELTS PLUMBING $ 345.21 91519 GATEWAY2000 $ 102.00 91520 WILLIAM J GITZKE D/B/A $ 819.80 91521 GEMPLER'S INC $ 43.30 91522 GERSTAD BUILDERS $ 30.00 91523 GLOSSON SAND & GRAVEL $ 230.00 91524 W W GRAINGER INC $ 140.18 91525 GROWER EQUIPMENT & SUPPLY $ 1667.00 91526 HAINES & COMPANY INC $ 428.00 91527 HALOGEN SUPPLY COMPANY $ 34.63 91528 DON HANSEN'S ALIGNMENT $ 75.00 91529 HARM'S FARM $ 74.37 91530 IAHPC $ 35.00 91531 ICI DELUX PAINT CENTERS $ 1290.00 91532 ILLINOIS ASSOCIATION OF $ 420.00 91533 ILLINOIS LAWN EQUIPMENT $ 418.54 91534 ILLINOIS MUNICIPAL LEAGUE $ 10.00 91535 ILLINOIS ISSUES $ 79.90 91536 IPRA $ 305.00 91537 JEPSEN TIRE ZMT INC $ 1277.00 91538 JEWEL FOOD STORES $ 12.29 91539 KAR PRODUCTS $ 252.05 91540 KIRCHNER FIRE $ 124.50 91541 ANNE KRANZ $ 16.82 91542 KROHN LAWN & LANDSCAPE $ 14390.00 91543 KTD MANUFACTURING AND $ 31.70 91544 GARY LANG PONTIAC- $ 220.05 91545 LANDSCAPE CONCEPTS INC $ 561.00 91546 LETN $ 388.00 91547 JOHN A LOBAITO $ 241.20 91548 LOCKER'S FLOWERS $ 40.00 91549 NANCY LORCH $ 111.50 91550 MAIN PAINT & DECORATING $ 65.63 91551 PETE MERKEL $ 101.97 91552 MEYER MATERIAL COMPANY $ 241.69 91553 MIDWEST HOMICIDE $ 25.00 91554 MILLER MONUMENT COMPANY $ 850.00 91555 MINUTEMAN PRESS OF MCH $ 1624.07 91556 MCANDREW & CUNABAUGH $ 6800.00 91557 MCHENRY AUTO PARTS $ 710.24 91558 MCHENRY COUNTY COLLEGE $ 145.00 91559 MCHENRY COUNTY SUPPLY INC $ 716.60 91560 MCHENRY LUMBER $ 439.72 91561 MCHENRY FIRESTONE $ 126.50 91562 MCHENRY PUBLIC LIBRARY $ 153.00 91563 MCHENRY COMMUNITY SCHOOL $ 5519.00 91564 MCHENRY COMMUNITY HIGH $ 4092.50 91565 MCHENRY SPECIALTIES $ 40.00 91566 MCI TELECOMMUNICATIONS $ 7.93 November 23, 1998 Page 3 91567 MCHENRY SHOOTING CENTER $ 20.94 91568 MCMASTER-CARR SUPPLY CO $ 2015.02 91569 NATIONAL ARCHERY ASSOC $ 50.00 91570 NEW ENGLAND BUSINESS SERV $ 444.91 91571 NORTH CAROLINA STATE $ 325.00 91572 NORTHWEST AUTO ELECTRIC $ 140.00 91573 NORTHWEST COURT REPORTING $ 706.50 91574 NORTHWEST HERALD $ 2229.99 91575 NORTHWEST ELECTRICAL $ 1339.94 91576 NORTHWEST HERALD $ 176.80 91577 NYE AUTO DOCTOR $ 68.60 91578 RAY O'HERRON CO INC $ 1724.30 91579 PACE $ 7357.04 91580 KRISTINE PAPROCKI $ 20.46 91581 PARADISE COMPUTER $ 432.28 91582 H R PARTH COMPANY $ 510.00 91583 PATTEN INDUSTRIES INC $ 134.83 91584 PEDERSEN GMC $ 169.88 91585 PETALS & STEMS $ 35.00 91586 PERKINS OIL CO INC $ 100.00 91587 PETERSEN SAND & GRAVEL $ 3329.53 91588 PIONEER PLUMBING SUPPLY $ 205.00 91589 PLANNING RESOURCES INC $ 3460.62 91590 PRECISION SHARPENING & $ 113.60 91591 PRO COM SYSTEMS $ 183.50 91592 RADICOM INC $ 131.40 91593 RADIO SHACK $ 25.97 91594 RAD PRO AUTOMOTIVE INC $ 572.33 91595 RECREONICS $ 8392.00 91596 REICHERT CHEVROLET $ 128.71 91597 RELIABLE SAND & GRAVEL $ 304.50 91598 RELIABLE $ 308.26 91599 RIVERSIDE BAKE SHOP $ 146.30 91600 R & N TRUCKING INC $ 900.00 91601 ROCKFORD INDUSTRIAL $ 124.91 91602 H W ROWE $ 270.00 91603 R & S DISTRIBUTORS INC $ 716.85 91604 R & T SPECIALTY INC $ 239.76 91605 SAFETY KLEEN CORP $ 334.50 91606 SCAN-AM $ 85.00 91607 SHERMAN MECHANICAL INC $ 343.67 91608 SHE-AN-I FENCE BUILDERS $ 4533.98 91609 ROBERT J FRY D/B/A $ 600.00 91610 SMITH ENGINEERING CONSULT $ 17639.05 91611 SPORTIME $ 80.08 91612 S & S ARTS & CRAFTS $ 333.87 91613 STANS OFFICE MACHINES INC $ 2602.66 91614 RICH STULL $ 90.65 91615 SUMMERS PORTABLE TOILETS $ 293.25 91616 MIA SZAMLEWSKI $ 18.34 91617 TJ CONEVERA'S INC $ 172.00 91618 WILLIAM TONYAN & SONS INC $ 2260.00 91619 DON TONYAN $ 1137.00 91620 TRAFFIC CONTROL & $ 248.63 91621 SHELLY TROST $ 51.03 91622 UNITED LABORATORIES $ 667.97 91623 UNITED PARCEL SERVICE $ 117.28 91624 UNITED STATES POSTAL SERV $ 1200.00 91625 U S FILTER LAKE BLUFF $ 1792.00 91626 US OFFICE PRODUCTS $ 239.37 91627 VISIBLE COMPUTER SUPPLY $ 153.29 91628 WAL-MART STORES INC $ 388.01 91629 WEARGUARD $ 578.80 91630 WHOLESALE DIRECT INC $ 374.90 91631 WOLF CAMERA & VIDEO $ 482.16 91632 WOODWARD FORD-MERCURY INC $ 1.60 91633 ZD JOURNALS $ 69.00 91634 ZEE MEDICAL SERVICE CO $ 189.20 91635 ZION LUTHERAN CHURCH $ 210.00 91636 ZUKOWSKI ROGERS FLOOD & $ 8642.48 91637 CANGELOSI, KIM $ 69.00 91638 COUSIN'S SUBS $ 60.00 91639 CAIRO, MARIANNE $ 23.99 91640 CATAPULT, INC $ 140.00 91641 CHICAGO TRIBUNE $ 108.00 91642 DOWELL, MARIE $ 10.00 91643 FREISE, SHARON $ 16.00 91644 GROSS, ROSE $ 20.00 91645 HAWLEY, KATHY $ 16.00 91646 NIEDOSPIAL„ LAURIE $ 16.00 91647 NORTH, BARRY $ 200.00 91648 SEARS HARDWARE $ 30.00 91649 SLUGA, THOMAS $ 9.75 Report Totals 229542.80 WATER SEWER FUND: CHECK# VENDOR NAME AMOUNT 14716 BJORKMAN'S ACE HARDWARE $ 741.90 14717 AMERICAN NATIONAL BANK & $ 1446.00 14718 AMERITECH $ 547.78 14719 ARROW UNIFORM RENTAL INC $ 738.01 14720 BAXTER & WOODMAN $ 12425.05 14721 G W BERKHEIMER CO INC $ 36.07 14722 BONCOSKY OIL COMPANY $ 1106.01 14723 CHEMICAL PUMP SALES AND $ 5188.29 14724 COMED $ 50.09 14725 CRESCENT ELECTRIC SUPPLY $ 110.19 14726 D'ANGELO NATURAL SPRING $ 14.50 14727 DEZURIK $ 387.60 14728 FOXCROFT MEADOWS INC $ 57.00 14729 FREUND INTERNATIONAL $ 1545.39 14730 G C C ENTERPRISES INC $ 343.75 14731 W W GRAINGER INC $ 55.87 14732 HACH COMPANY $ 537.60 14733 ILLINOIS RURAL WATER $ 30.00 14734 KROHN LAWN & LANDSCAPE $ 1480.00 14735 GARY LANG PONTIAC- $ 22.31 14736 LEACH ENTERPRISES INC $ 75.98 14737 MEYER MATERIAL COMPANY $ 486.02 14738 MID AMERICAN WATER OF $ 622.00 14739 MCHENRY ANALYTICAL WATER $ 98.00 14740 MCHENRY AUTO PARTS $ 78.35 14741 MCHENRY COUNTY SUPPLY INC $ 65.50 November 23, 1998 Page 4 14742 MCMASTER-CARR SUPPLY CO $ 350.80 14743 NCL OF WISCONSIN INC $ 621.32 14744 NEW ENGLAND BUSINESS SERV $ 148.20 14745 NICOR GAS $ 1789.55 14746 NICOR GAS $ 154.54 14747 NORTHWEST AUTO ELECTRIC $ 85.00 14748 MIKE PALMER $ 50.03 14749 PERFORMANCE DIESEL $ 940.00 14750 PETERSEN SAND & GRAVEL $ 2170.16 14751 PIONEER PLUMBING SUPPLY $ 49.80 14752 PORTABLE TOOL SALES & $ 338.03 14753 FRED PRYOR SEMINARS $ 59.00 14754 MICHAEL REID $ 40.00 14755 ROWELL CHEMICAL CORP $ 5358.88 14756 STRATFORD SAFETY PRODUCTS $ 149.42 14757 SUBURBAN LABORATORIES INC $ 280.00 �^ 14758 UNITED LABORATORIES $ 103.69 14759 UNITED PARCEL SERVICE $ 7.18 14760 UNITED STATES POSTAL SERV $ 300.00 14761 U S FILTER LAKE BLUFF $ 912.00 14762 USA BLUE BOOK $ 36.87 14763 WIRFS INDUSTRIES INC $ 41.00 14764 WOODLAND RECYCLING & $ 11255.40 14765 ZEE MEDICAL SERVICE CO $ 111.25 14766 ZEP MANUFACTURING COMPANY $ 99.65 14767 CHICAGO SUBURBAN EXPRESS $ 37.05 Report Totals 53778.08 MOTOR FUEL TAX FUND: CHECK# VENDOR NAME AMOUNT 22000541 HAMPTON LENZINI & RENWICK $ 15343.94 Report Totals 15343.94 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR APPROVAL OF SUBDIVIDER'S AGREEMENT-MCHENRY CORPORATE CENTER, UNIT 7 Kit Carstens and Scott Dixon, principals of Prime Commercial Corporation, Petitioner, Attorney Thomas Zanck of Militello, Zanck and Coen, and Project Manager Anne Rodenkirk were in attendance. Attorney Zanck addressed Council noting Prime Commercial is requesting the City of McHenry authorize the issuance of a building -- permit prior to Final Plat approval to facilitate the construction of a 370,000 square foot building for Brake Parts. Attorney Zanck reminded Council this request has been granted the Petitioners previously for similar projects, specifically, Follett Software, Motorola, and Brake Parts last addition. This new facility would be located on 20 acres immediately north of the existing Brake Parts facility at the corner of Prime Parkway and Corporate Drive in the McHenry Corporate Center. The two facilities would be connected by a 30' by 60' corridor. Citing Brake Parts need to occupy the proposed facility before August of 1999, weather constraints, and the need to replat a portion of the McHenry Corporate Center, Prime Commercial is requesting Council approve the proposed Subdivider's Agreement for Unit 7 of the McHenry Corporate Center, and authorize the Mayor and City Clerk's execution of said agreement. Salient points of the proposed agreement include: ■ The City agrees to issue a building permit to Prime Commercial Corporation for Brake Parts new building upon the submittal of a Preliminary Plat of Subdivision to the City for review; ■ The City agrees to approve the development plan for Unit 7; and Prime Commercial agrees to submit a Final Plat for review and approval by the City which is in substantial conformance with the development plan; ■ The City will withhold issuance of an Occupancy Permit for the new Brake Parts building until Prime Commercial complies with all City Codes and regulations; ■ Prime Commercial agrees to install a water main north through the property to connect with the existing main in the Irish Prairie development; ■ An emergency access easement will be recorded on the Brake Parts property and connect with Irish Prairie to the north to provide a secondary means of access to Corporate Drive for emergency vehicles. Attorney Zanck also noted Council approval of this project will result in the completion of the McHenry Corporate Center plan and platting north of Prime Parkway. In conclusion, Attorney Zanck stated a portion of the adjacent Gary Lang Property will be purchased in compliance with the Plat Act to establish the complete parcel Brake Parts will require to construct the new facility. Some discussion followed. November 23, 1998 Page 5 City Administrator Lobaito, noting the proposed 1,500 foot cul-de-sac length of Corporate Drive is in excess of the 400 foot maximum length allowed as per the City of McHenry Subdivision Control Ordinance, opined Prime Commercial's willingness to provide a water main connection with Irish Prairie, in addition to an easement for emergency access, from Irish Prairie, offsets any negative impacts of excess cul-de-sac length. In response to Council inquiry, Staff noted a third means of access to Brake Parts Property is possible because a 60 foot access easement is being provided from State Route 31 directly across from Dayton Street. The easement will also provide access for proposed lots 3 and 4, resulting in only one curb cut onto State Route 31 . In response to Alderman Murgatroyd's inquiry regarding a recent Northwest Herald newspaper article, Attorney Zanck assured Council an executed contract exists between Prime Commercial Corporation and Brake Parts for the construction of the new addition. Prime Commercial Corporation, in addition to approval and authorization to execute the Subdivider's Agreement for Unit 7 of the McHenry Corporate Center, is also requesting Council approve the building permit fee be calculated as new construction rather than as an addition. City Administrator Lobaito noted building permit fees for a new 370,000 square foot facility would be $1 1 ,919; building permit fees for an addition would be $66,600. He also noted the Council in 1994 approved a similar request by Prime Commercial Corporation and allowed the building permit fees for Brake Parts and Fabrik Technology to be charged as new construction, rather than as an addition. Motion by McClatchey, seconded by Baird, to approve the Subdivider's Agreement for Unit 7 of the McHenry Corporation Center; to authorize the Mayor and City Clerk's execution of the Subdivider's Agreement; and to authorize the calculation of building permit fees for the proposed 370,000 square foot Brake Parts facility as new construction, in a total amount of $1 1 ,919. •... Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. In response to Alderman Murgatroyd's inquiry, Staff noted the Preliminary and Final Plats of Unit 7 will still appear before the Plan Commission for comment and review. In response to Alderman Baird's inquiry, Staff explained the Irish Prairie emergency access will be constructed in compliance with McHenry Township Fire Protection District specifications, utilizing a paving material which permits grass to grow between and on top of the material. REQUEST FOR REZONING AND VARIANCE - 420 NORTH FRONT STREET Mayor Cuda informed Council at the Petitioner's request this Agenda Item has been rescheduled for Council consideration at the December 2, 1998 regularly scheduled Council Meeting. ORDINANCE AUTHORIZING THE EXECUTION OF ANNEXATION AGREEMENT, ANNEXATION OF PROPERTY, REZONING OF PROPERTY, AND APPROVAL OF PRELIMINARY PLAT - KRESSWOOD TRAILS SUBDIVISION The Petitioners' Attorney, Daniel Curran of Campion, Curran, Rausch, Gummerson and Dunlap, was in attendance. He stated the Petitioners, the Pacini Group L.L.C., were seeking formal Council approval via ordinance of the following: ■ Annexation of twenty acres of property located west of the Union Pacific railroad tracks and north of Bull Valley Road; ■ The zoning reclassification to RA-1 Attached Residential District with a variance to permit more than one principal building on a zoning lot; ■ Approval of the Preliminary Plat as amended to reflect the interior road radius of 35 feet and to prohibit direct access from any proposed lot to Bull Valley Road. November 23, 1998 Page 6 In addition, the following Annexation Agreement amendments have been incorporated: ■ Cash contribution equal to the cost of constructing Brookwood Drive as depicted on the Preliminary Plat; ■ Participation in City-approved wastehauler, recycling and refuse programs; ■ Installation and maintenance of a sign at the western terminus of Brookwood Drive indicating the road will be extended to the west to connect with the adjacent development. There being no further question and/or comment from Council, Mayor Cuda requested Council action. Motion by Baird, seconded by Bolger, to pass an ordinance authorizing the Mayor and City Clerk's execution of the Annexation Agreement among Parkway Bank and Trust Company, Trust No. 10693, Louis Pacini and Lois Pacini, the Pacini Group L.L.C., and the City of McHenry, as amended at the November 11 , 1998 regularly scheduled Council Meeting. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: None. Absent; None. Motion carried. Motion by Bolger, seconded by Murgatroyd, to pass an ordinance annexing approximately 20 acres of property located on the north side of Bull Valley Road directly west of the Union Pacific railroad tracks. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: None. Absent: None. --� Motion carried. Motion by Baird, seconded by Murgatroyd, to pass an ordinance acknowledging the affirmative recommendation of the Zoning Board of Appeals, granting a zoning map amendment to RA-1 Attached Residential District and granting a variance to allow more than one principal building on a zoning lot, for the 20 acres of property located on the north side of Bull Valley Road, approximately 1/4 mile east of the intersection of Bull Valley Road and Crystal Lake Road, and directly west of the Union Pacific railroad tracks. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Baird, seconded by Bolger, to approve the Preliminary Plat of the Kresswood Trails Townhome Subdivision, dated November 16, 1998, subject to the condition that Phase I of the Final Plat be recorded within six months of the date of approval. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. -- Voting Nay: Glab. Absent: None. Motion carried. Alderman Glab requested the minutes reflect his denial of the Preliminary Plat was based on the street configuration of Brookwood Drive. AMENDMENT TO MUNICIPAL CODE, CHAPTER 10 RELATING TO LEAF BURNING City Administrator Lobaito stated, in response to Mayor Cuda's request, an amendment to the City of McHenry's current leaf burning ordinance has been proposed. Mayor Cuda, citing the availability of burning alternatives, including the initiation of a successful leaf vacuuming service, the Knox Park free drop-off site, and November 23, 1998 Page 7 curb-side yard waste program, suggested Council consider banning leaf burning entirely within the corporate limits of the City of McHenry. Alderman Murgatroyd, noting the leaf vacuum service was available only in the fall, inquired whether the banning of leaf burning entirely was reasonable with only the two remaining alternatives in place. The City of McHenry's current leaf burning ordinance permits burning on weekends only during the months of October and November and between April 15th and May 15th. Some discussion followed. It was the consensus of Council to postpone formal action regarding the proposed leaf burning ban amendment until the December 14, 1998 regularly scheduled Council meeting in order to permit additional comment from the community. Mayor Cuda opened the floor to audience comment Beverly Verstege of 3916 W. West Street, stated her strong support to ban leaf burning entirely. Bill Hiatt of Foxview Highlands Drive, addressed Council, thanking them for considering banning leaf burning. Randy Robinson of Fox Ridge Subdivision, also stated his strong support for the banning of leaf burning. TRANSFER OF CLASS A-25 LIQUOR LICENSE - APPLEBEE'S NEIGHBORHOOD GRILL AND BAR Mayor Cuda informed Council a liquor license transfer request was received from representatives of Apple Illinois L.L.C. who was purchasing Applebee's Neighborhood Grill and Bar from its present owners, Apple South Inc. The appropriate paper work has been submitted and reviewed by Mayor Cuda as Liquor Commissioner. The $250 transfer fee has also been paid. The current manager, Mr. William Becker, will remain in place under the new ownership. As his fingerprints are currently on file with the City of McHenry, the license transfer can be approved unconditionally. Motion by Baird, seconded by Bolger, to accept the recommendation of Liquor Control Commissioner Mayor Cuda and approve the transfer of a Class A Liquor License from Apple South Inc. to Apple Illinois L.L.C., effective immediately. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. WARD REDISTRICTING City Clerk Althoff informed Council, in preparation for the 1999 Consolidated Election, newly annexed properties must be assigned to established wards within the City of McHenry. As per State Statutes, if the increase in population is not sufficient to entitle the City to an increase in the number of Aldermen, the annexed territory shall be made part of the ward that it adjoins. City Clerk Althoff noted the majority of the properties in question are zoned commercial or industrial and will not impact the number of electors residing in any of the wards or entitle the City to an increase in the number of Aldermen. The wards were last redistricted in October of 1995. It is the recommendation of Staff to incorporate the following properties into the wards as designated: Property Zoned Acres Ward Spengel Property, 2808 W. Route 120 C5 1 .00 Ward 1 Rodgers Property, 3107 W. Lake Ave. C5 .50 Ward 1 City Property on Green St by City Garage RS3 .10 Ward 1 Adams Property - 2600 Rte 120 E,BP 20.00 Ward 1 Musielak, 3503 Fairway Drive RS2 .30 Ward 1 Wegrzyn Property on Crystal Lake Rd 01 2.00 Ward 2 Colomer Property on Richmond Road C5 3.00 Ward 3 Gerstad open space on Oaks TownHome RA1 .47 Ward 3 November 23, 1998 Page 8 Hickory Creek Farm Property E 8.00 Ward 3 Spence Mgmt/Burger King/Richmond Rd C5 2.00 Ward 3 Meyer Material Al/M 117.00 Ward 4 Edna Mae Johnson Property E 20.00 Ward 5 Glaviano/Swierk Property, S. Route 31 C5 1 .00 Ward 5 Centegra Property on Route 31 HC 9.00 Ward 5 Bykowski Property, 4506 Hi Point Rd 1 1 .00 Ward 5 Midwest Bank on Bull Valley Rd C2 3.00 Ward 5 City Clerk Althoff also noted any properties annexed after the first date Petitions may be circulated, in this case November 3, 1998, shall not be included in the redistricting, according to State Statutes. Thus, Kresswood Trails, and all future annexations, will be included in ward redistricting following the April Consolidated Election. In response to Alderman Murgatroyd's inquiry, City Attorney McArdle noted the Petersen Farm Property has not appeared before Council for formal annexation, as the required Governor's Consent has not yet been forthcoming. City Attorney McArdle was informed, obtaining the Governor's Consent was a 6-8 week process. He noted the 6 week time frame was fast approaching. Motion by McClatchey, seconded by Bolger, to direct City Clerk Althoff to draft an ordinance incorporating the following properties into the designated City of McHenry established wards: Property Zoned Acres Ward Spengel Property, 2808 W. Route 120 C5 1 .00 Ward 1 Rodgers Property, 3107 W. Lake Ave. C5 .50 Ward 1 City Property on Green St by City Garage RS3 .10 Ward 1 Adams Property - 2600 Rte 120 E,BP 20.00 Ward 1 Musielak, 3503 Fairway Drive RS2 .30 Ward 1 Wegrzyn Property on Crystal Lake Rd 01 2.00 Ward 2 Colomer Property on Richmond Road C5 3.00 Ward 3 Gerstad open space on Oaks TownHome RA1 .47 Ward 3 Hickory Creek Farm Property E 8.00 Ward 3 Spence Mgmt/Burger King/Richmond Rd C5 2.00 Ward 3 Meyer Material Al/M 117.00 Ward 4 Edna Mae Johnson Property E 20.00 Ward 5 Glaviano/Swierk Property, S. Route 31 C5 1 .00 Ward 5 Centegra Property on Route 31 HC 9.00 Ward 5 Bykowski Property, 4506 Hi Point Rd 1 1 .00 Ward 5 Midwest Bank on Bull Valley Rd C2 3.00 Ward 5. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORTS Mayor Cuda informed Council he had attended the first Citizen's Police -- Academy graduation this evening at 6:30 p.m. He praised the community policing efforts of the McHenry Police Department, and noted the numerous favorable comments regarding the program from its participants. The next program begins in February and Mayor Cuda encouraged Council to attend one or more of the classes, according to their individual schedules. COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Baird reported the Parks and Recreation Committee had met on Tuesday, November 17, 1998 at 7:00 p.m. to continue discussions regarding a recreational facility. The minutes will be forthcoming. November 23, 1998 Page 9 STAFF REPORTS Director of Community Development Napolitano reported final interviews were being conducted for the Code Compliance Inspector. A candidate will be presented for Council consideration at the December 2, 1998 regularly scheduled Council meeting. City Administrator Lobaito referencing the November 6, 1998 letter distributed with the November 23, 1998 Agenda Packet from Craig and Steven Bjorkman of Ace Hardware, requested Council direction. He noted their proposal to solve the traffic problems on Crystal Lake Road in this general area had merit. The Bjorkmans are suggesting an access road or easement connect their silo property to an extension of Lillian and connect to the Whispering Point Office Complex. This connection would then funnel traffic to the signal at Lillian and Crystal Lake Road. In addition, the Bjorkmans are suggesting the entrance to their Ace Hardware property and the Post Office property off Crystal Lake Road be redesigned as a combined entrance. A lengthy discussion followed. Alderman Glab recommended careful consideration of any traffic improvement plans for this area. He reminded Council recent traffic warrants have indicated a need for a traffic signal on Crystal Lake Road at Front Royal Drive. In addition, the installation of a traffic signal on Crystal Lake Road at Dartmoor Drive has long been anticipated. It was the consensus of Council to direct Staff to invite all affected property owners to a meeting to discuss traffic improvement alternatives. Mayor Cuda requested the Northfox Condominium Association be included in the proposed meeting. Council requested Staff, after meeting with the affected property owners, place this issue and all recommended traffic improvement alternatives on the regularly scheduled January 20, 1999 Council Agenda. Mayor Cuda recognized Anton Rebel of 4002 Maple Avenue. Mr. Rebel addressed Council noting the backup on State Route 120 from Crystal Lake Road to Front Royal Drive causes traffic to cut through the Ultimate Dog parking lot at the Crystal Lake Road and State Route 120 intersection. He suggested, as the property is now vacant, some type of obstacle be installed prohibiting cut-through traffic. City Administrator Lobaito informed Council the City of McHenry had received official notification of a property tax appeal from the McHenry Commons Shopping Complex Property Owner. City Administrator Lobaito requested Council direction as to filing an objection to the appeal. In response to Council inquiry, City Administrator Lobaito reported the City of McHenry has participated in an objection just recently with other taxing bodies, including Elementary School District 15, High School District 156, and McHenry Township. In response to Council inquiry, City Administrator Lobaito noted the City of McHenry incurs only the proportionate cost of any property appraisal deemed necessary. Legal fees have not previously been incurred by the City. Motion by Baird, seconded by Murgatroyd, to direct Staff to contact the appropriate taxing bodies, including Elementary School District 15, High School District 156, McHenry Township District, McHenry Township Fire Protection District, and the Library District, to form a consortium, and file an objection to the McHenry Commons Shopping Center property tax appeal. Voting Aye: Glab, McClatchey, Murgatroyd, Baird. Voting Nay: Bolger. Absent: None. Motion carried. Alderman Bolger stated his absolute faith in the Board of Review. City Administrator Lobaito, referencing his memorandum of November 19th, stated the Gerstads have responded in writing to the latest draft of the Diedrich Farm Annexation Agreement. They are requesting specific amendments. City Administrator Lobaito requested Council direction. He suggested scheduling a Committee of the Whole Meeting and inviting the Gerstads to attend, allowing further negotiation and discussion. A lengthy discussion ensued. In response to Mayor Cuda's inquiry, it was the consensus of Council to proceed with the Annexation Agreement negotiations. November 23, 1998 Page 10 Council requested Mayor Cuda and City Administrator Lobaito meet with the Gerstads in an attempt to proceed with the annexation of the Diedrich Farm. NEW BUSINESS There was no New Business. EXECUTIVE SESSION Motion by Bolger, seconded by Murgatroyd, to go into Executive Session at 9:00 p.m. to discuss Personnel Matters and Potential Litigation. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:00 p.m. Motion by Murgatroyd, seconded by Bolger, to go back into Open Session at 9:40 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:40 p.m. _ Motion by Bolger, seconded by Baird, to approve the hiring of Cynthia Jerden as Recreation Supervisor effective immediately, at Grade 8, Step 1 , with a starting salary of $28,745, subject to the successful completion of a pre-employment physical. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by McClatchey, to approve the hiring of Marianne Kae as Principal Account Clerk, at Grade 7, Step 1 , with a starting salary of $27.030, effective November 30, 1998, subject to the successful completion of a pre- employment physical. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Glab, to accept the retirement notification from Chief of Police Joyce, effected February 19, 1999. Voting Nay: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. November 23, 1998 Page 11 Motion by McClatchey, seconded by Murgatroyd, to declare the 1115 River Road Property real estate transaction in default, based on the facts as delineated by City Attorney McArdle, and to authorize the execution of all associated documents relating to said default, by the Mayor and City Clerk, and to refund all escrow monies minus expenses incurred by the City of McHenry relating to this real estate transaction. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:44 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:44 p.m. Cl CLERK MAYOR